{"id":11406,"date":"2024-08-16T13:04:51","date_gmt":"2024-08-16T12:04:51","guid":{"rendered":"https:\/\/www.peterfreundlaw.be\/medical-accident-fund-medical-accident-without-liability\/"},"modified":"2024-08-16T13:04:52","modified_gmt":"2024-08-16T12:04:52","slug":"medical-accident-fund-medical-accident-without-liability","status":"publish","type":"post","link":"https:\/\/www.peterfreundlaw.be\/en\/medical-accident-fund-medical-accident-without-liability\/","title":{"rendered":"Medical accident fund: medical accident without liability"},"content":{"rendered":"

As specialized medical law attorneys<\/a>, we very regularly handle cases for the Medical Accident Fund.<\/p>\n

In a previous blog,<\/a> we already explained the difference between medical malpractice<\/a> and a medical accident without liability.<\/p>\n

In either case, YOU as the victim will receive compensation from the Medical Accident Fund.<\/p>\n

In the current article, we will elaborate on the term medical accident without liability.<\/p>\n\n

Legal framework:<\/u><\/h3>\n

The Medical Accident Fund<\/a> (FMO) was created by the March 31, 2010 law on compensation for damages due to health care.<\/p>\n

This law was published on April 2, 2010.<\/p>\n

In accordance with Article 4 the law, the Fund compensates the victim or his beneficiaries in accordance with common law:<\/p>\n

    \n
  1. When the damage was caused by a medical accident without liability.<\/li>\n
  2. When the Fund finds that the injury was caused by a fact that gives rise to the liability of the health care provider whose liability is not covered or not adequately covered.<\/li>\n
  3. When the Fund finds that the injury was caused by the event giving rise to the health care provider’s liability and when the provider or its insurer disputes the liability.<\/li>\n
  4. When the insurer covering the liability of the health care provider who caused the injury makes an offer of compensation that the Fund finds manifestly inadequate.<\/li>\n<\/ol>\n

    Conditions of application of a medical accident without liability: When does one speak of a medical accident without liability?<\/u><\/h3>\n

    The conditions of application are contained in Article 5 of the law and are as follows:<\/p>\n